CPA - Layoff and Recall for Administrators
Policy CPA
Code: CPA
Adopted: 5/15/17
Readopted: 2/20/24
This policy is applicable to all licensed administrators below the rank of assistant superintendent who are not considered teachers under ORS 342.934[1].
Layoffs shall be by position. A reduction in hours does not constitute a layoff.
The factors considered in the layoff process will be license, seniority, qualifications, merit and/or competence.
The district will retain, consistent with state law, the most capable and productive of the licensed and qualified employees needed to carry out the approved programs of the district’s schools.
Prior to initial development of a recall procedure for administrators the district will consult with the employees or a designated representative of the employees covered by this policy.
Administrative regulations shall be developed to implement this policy.
END OF POLICY
Legal Reference(s):
ORS 332.107
ORS 342.934
[1] Prior to laying off any administrators, the district will work with legal counsel to determine if the cultural or linguistic expertise criteria apply to any impacted employees.
CPA-AR
Code: CPA-AR
Revised: 3/6/23
Adopted: 5/10/93
General
This procedure is applicable to all licensed administrators below the rank of deputy superintendent who are not considered teachers under ORS 342.934[1]. Layoffs shall be by position. A reduction in hours does not constitute a layoff.
If a reduction in force is necessary within the ranks of deputy superintendents, the superintendent shall retain the flexibility to identify the position(s) to be eliminated and the individuals to be laid off. A deputy superintendent who is laid off from that position is eligible for placement in a vacant administrative position which the deputy superintendent is qualified to perform, but cannot bump another administrator.
The Superintendent or designee shall notify the school board of the positions which will be eliminated. The factors considered in the layoff process will be license, seniority, qualifications, merit and/or competence.
When the district determines that a layoff of licensed administrators is necessary, the superintendent or designee will use the procedures described in Section II of this regulation. The superintendent or designee will make every reasonable effort to transfer a licensed and qualified administrator who will be laid off to a vacant administrative position for which the administrator is licensed and qualified, in accordance with the procedures described in Section III. The superintendent or designee may combine remaining positions, if it meets District curriculum needs, so that administrators continue to be licensed and qualified to perform available jobs.
Section I - Definitions
A. Competence means the ability to perform the essential functions of a job or assignment based on recent experience, additional training or educational attainments, but not based solely on type of license or endorsements of an employee. The superintendent or designee may interpret “recent experience” as having performed the essential functions of the job or assignment within the last five school years.
B. Merit means the measurement of one administrator’s ability and effectiveness against the ability and effectiveness of another administrator.
C. Seniority is calculated from the first day of actual service as an administrator in the district inclusive of approved leaves of absence. If necessary, ties in length of service shall be broken by drawing lots.
D. License means a document or documents issued by Teacher Standards and Practices Commission permitting an individual to perform certain duties within a public school district.
E. Qualifications mean training, experience, skill and other attributes in addition to the individual’s license.
Section II - Selection of Administrators for Layoff
A. Administrative positions will be grouped by positions or assignments which the superintendent or designee determines are sufficiently comparable to use in the layoff process.
B. If a new administrative position is created, it will be placed in one of the existing job groupings or in a new job grouping, as determined by the superintendent or designee.
C. Upon recommendation by the superintendent or designee, the Board may eliminate one or more administrative positions within a job group or groups.
D. The superintendent or designee may recommend layoffs within job groups based on license, seniority, qualifications, merit and/or competence.
E. After identification of the administrator(s) to be laid off from a particular job group, the superintendent or designee will reassign the remaining administrators in that group to the remaining positions as necessary.
F. The superintendent or designee will determine whether the administrators identified for layoff will be transferred to a vacant administrative position under the procedures in Section III below or as provided for in state law given the option of a classroom teaching assignment provided the administrator is licensed and determined by the district to be qualified based on merit and/or competence for the assignment.
G. The first administrator(s) to be reduced will be any administrator who does not have at least three years' experience in a position within that job group during the prior 15 years.
Section III - Reassignment and Transfers
A. The superintendent or designee, by examination of an administrator's personnel file and from consultation with the administrator’s supervisors, shall determine if an administrator identified for layoff under Section II can be transferred to a vacant administrative position. Each transfer shall be based on license, seniority, qualifications, merit and/or competence.
B. An administrator may voluntarily accept a classroom teaching assignment in lieu of layoff. The assignment to a teaching position will be made by human resources. The employee's license and endorsement, teaching experience and their preference will be considered.
- The administrator may accept a classroom teaching assignment which is currently vacant.
- If the administrator previously taught and was a contract teacher in the district, the administrator may displace (“bump”) a probationary or contract teacher with less seniority.
- If the administrator never taught in the district, the administrator may displace (“bump”) a probationary teacher with less seniority.
C. While an administrator retains their rights to be recalled to a vacant administrative position in accordance with Section IV below, an administrator who voluntarily accepts a classroom teacher assignment will also be covered by the layoff/recall and other provisions of the collective bargaining agreement governing regularly employed teachers for the purposes of their rights as teachers.
D. If an administrator is assigned to a classroom teaching position, the employee will be assigned to the teachers' salary schedule on the basis of experience and credits held to conform with the provisions of the teachers' salary policies.
At the time that an administrator is assigned to a teaching position, all previous licensed administrative and teaching experience is applicable for placement on the teachers’ salary schedule under the provisions of the applicable collective bargaining agreement.
Section V – Recall
A. An administrator who is laid off under this procedure shall be placed in a recall pool. An administrator who resigns rather than accept layoff or reassignment under this procedure forfeits rights to be placed in the pool.
B. An administrator will be maintained in the recall pool for a period of not more than 27 calendar months from the effective date of layoff.
C. A laid off administrator who rejects recall to a position offered by the district which the administrator is qualified to perform and which is similar to the workday or work year of the person’s previous position (unless excused by physical or psychological disability) thereby waives any further recall rights and the administrator's employment terminates effective the date of rejection of the job offer.
D. Licensed and qualified administrators will be considered for recall based on proper licensure and qualifications to perform the essential functions of the job. The district retains the right to recall a less senior administrator to the position if that individual has more merit and/or competence.
E. Administrators will be recalled based on license, seniority, qualifications, merit, and/or competence.
F. Notification of recall will be delivered via email, in-person delivery, or regular mail, postage prepaid and addressed to the last known address of the administrator. It is the responsibility of the administrator to ensure up-to-date mailing information is provided to the district. The individual shall be allowed 5 calendar days from the date of personal delivery, email time/date stamp, or postmark to accept the position in writing. If the person declines the appointment or fails to accept within the 5 day period or fails to report for duty on the date specified in the recall notice the individual’s name will be removed from the recall pool and he or she will be considered to have resigned employment with the district and waived any further right of recall.
G. Employees returning from layoff shall be credited with all seniority and sick leave the employee earned prior to the effective date of the layoff, but the employee shall not accrue leave, benefits or seniority during the period of layoff. If applicable, the district will apply any sick leave accrued from another school district employment during the recall time as allowed by state law. The district shall continue to pay the net cost of all insurance programs provided by the district for administrators for a maximum of 90 days after entering the recall pool unless the administrator is covered by insurance from another employer.
H. Individuals who wish to waive recall rights prior to 27 months subsequent to the effective date of a layoff may do so by written notification to the district. Such notice will be considered a voluntary resignation and the individual shall forfeit all employment rights with the district.
I. An employee who has been laid off has the option of continuing the employee’s health insurance program at the employee’s expense for up to 18 months, subject to approval and rules of the insurance carrier(s).
J. An individual who is no longer employed as an administrator in the district due to resignation, assignment to a non-administrative position, expiration of the recall period or rejection of a position offered by the district shall receive salary for all unused vacation time following the termination of employment as an administrator.
K. An administrator serving in an "acting" (temporary) administrative position at the time of layoff will not be placed in the recall pool unless the individual has rights accrued in another administrative position.
L. If, because of layoff, an employee does not complete at least 135 contract days during the school year in which the layoff occurs, the employee will be placed on the same salary schedule step as the employee was on prior to layoff.
M. Nothing in this regulation shall be construed so as to interfere with the district’s right to dismiss an administrator, not extend the contract of an administrator or dismiss or nonrenew the contract of a probationary administrator pursuant to state law.
N. Administrators will be recalled in order of greater seniority as positions become available which they are competent to perform. An administrator who is recalled to a lower position is eligible to be returned to the administrator's prior position or a position of equivalent rank, before a less senior administrator is recalled to that position, unless the less senior administrator has significantly greater competence for that position or has demonstrated exceptional merit. Administrators in the recall pool will be recalled to administrative positions for which they are qualified before the district hires or transfers new administrators into that position.
O. An administrator who wishes to remain eligible for reinstatement to a position requiring a license must maintain a valid license.
Section VI - Announcements of Decisions
Public announcements should occur only after administrators who have been specifically affected have been so informed. Certain circumstances may, in some cases, prevent prior notice and employees will be notified as soon as is practical.
Section VII - Appeal Procedure
An appeal from a decision on reduction in force or recall shall be by final and binding arbitration pursuant to the rules of the Employment Relations Board and Oregon Revised Statutes.
Section VIII - Future Changes in Procedure
The district reserves the right to amend, revise or repeal all or any part of this procedure at any future time and no employee shall have any vested right in the continuation of this procedure or any amendment thereof; provided, however, that no amendment or repeal of this procedure shall prejudice the reinstatement rights of any manager who is in the "recall pool".
[1] Prior to laying off administrators, the district will determine if the procedures in ORS 339.934, including cultural or linguistic expertise criteria, apply to any impacted employees.